[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Page 65285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23486]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Safety Advisory 2022-01; Use of Portable Derails

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of safety advisory.

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SUMMARY: FRA is issuing Safety Advisory 2022-01 to emphasize the 
importance of, first, ensuring that portable derails are clearly 
visible to train crews and operators of other on-track equipment, 
particularly at night and in other low-light conditions; and, second, 
having processes in place to ensure portable derails are removed when 
not necessary for on-track safety. This Safety Advisory recommends that 
railroads, and railroad contractors, review and revise their on-track 
safety manuals, as necessary, to ensure they include procedures and 
rules for the use of portable derails.

FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director, Track 
and Structures Division, Office of Railroad Safety, FRA, 1200 New 
Jersey Avenue SE, Washington, DC 20590, telephone: (202) 493-6460, 
email: [email protected].
    Disclaimer: This Safety Advisory is considered guidance pursuant to 
DOT Order 2100.6A (June 7, 2021). Except when referencing laws, 
regulations, policies, or orders, the information in this Safety 
Advisory does not have the force and effect of law and is not meant to 
bind the public in any way. This document does not revise or replace 
any previously issued guidance.

SUPPLEMENTARY INFORMATION:

Background

    On August 29, 2022, a train crew operating in a railroad yard at 
night encountered a portable derail placed on the track earlier that 
day to protect multiple engineering work groups working on the track. 
The train crew, which did not see the derail, operated their train 
directly into the derail, striking it at approximately nine miles per 
hour and derailing the first two cars of their train. The conductor, 
who was riding the lead car, was fatally injured when the car rolled 
over.
    FRA's blue signal protection (BSP) requirements have long required 
mechanical derails to be used for the protection of workers on, under, 
or between rolling equipment to have a blue light illuminated at night. 
See 49 CFR part 218, subpart B. Typically, in BSP work areas (e.g., 
mechanical shops), derails are located at known or fixed locations. 
Roadway workers, however, use portable maintenance-of-way (MOW) 
derails, which may be installed almost anywhere on non-controlled track 
for protection.\1\ Because portable MOW derails are not required to be 
marked or otherwise illuminated for conspicuity, even under conditions 
of limited visibility, they can become hazards themselves if not highly 
visible in low-light conditions. Accordingly, best practice dictates 
that portable derails installed on track should be equipped with a 
portable light or, at a minimum, reflectorized flags in low-light 
conditions.
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    \1\ See 49 CFR 214.327.
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    In addition, portable derails should not be left on the track when 
they are no longer necessary. For example, some railroads require their 
roadway workers in charge (RWICs) to fill out a form before installing 
the portable derails. This form typically requires the RWIC to record 
the date, location, installation time, and removal time of the portable 
derail. Formalizing the process for installation and removal of 
portable derails heightens the awareness of the presence of portable 
derails and the importance of removing these derails from the track 
when they are no longer necessary.
    FRA notes that some railroads require employees to place a tag on 
the steering wheel of their hi-rail vehicles when placing shunts on the 
track. A similar process for placing portable derails would safeguard 
against roadway workers unintentionally leaving portable derails on the 
track.

Recommendations

    In light of the above discussion, FRA recommends that railroads and 
railroad contractors:
    1. Review with their employees the circumstances of the fatal 
accident described in this Safety Advisory.
    2. Review and revise as necessary, their on-track safety manuals to 
ensure the use of portable derails is adequately addressed and, at a 
minimum, that these manuals:
    a. Provide that portable derails be equipped with a functioning 
light or a reflectorized flag when used at night or under other 
conditions of limited visibility; and
    b. Include procedures to ensure that portable derails are removed 
when no longer necessary, such as procedures to track the location and 
use of portable derails.
    FRA encourages all railroad industry members to take actions 
consistent with the recommendations of this Safety Advisory. FRA may 
modify this Safety Advisory, issue additional safety advisories, or 
take other appropriate action necessary to ensure the highest level of 
safety on the Nation's railroads, including pursuing other corrective 
measures under its rail safety authority.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2022-23486 Filed 10-27-22; 8:45 am]
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